Businessman Philip Kipchirchir Moi has moved to court under certificate of urgency seeking orders to suspend arrest warrant against him for failing to pay Sh2.8 million as legal cost.
Philip, son of retired president Daniel arap Moi, through his lawyer Evans Ondieki, filed an application in the High Court asking the court to suspend or lift to allow the process of adjudication to proceed in an amicable manner.
In his supporting affidavit, Philip says that he has voluntarily surrendered the house at Watamu in Malindi, Kilifi county, which is valued at Sh140 million, to his ex-wife Rossana Pluda Moi.
"Jailing me will affect me adversely. It is only fair and just that we be allowed to resolve our differences outside the conventional adjudication process," he said.
He said it's only fair and just if the warrant is suspended to allow the process of adjudication to proceed in an amicable manner. Philip says in his affidavit that his constitutional rights to liberty and legitimate expectation are threatened.
He says that he will suffer and be humiliated if the arrest warrants executed.
"The warrants of arrest are a drastic and draconian measure that should be used as a last resort," said the ex-army officer.
Lawyer Ondieki says in the certificate of urgency that his client who is also a former army officer, has substantially resolved the main issue in the divorce case and wants the respondent (Rossana) to stop harassing him now that each one of them has moved on.
He said Philip is a retired army officer of modest income and it is unfair and unjust to treat him harshly just because he comes from the former first family.